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The Greorgia, Weekly Telegraph and. Journal '&d Messenger.
Telegraph and Messenger.
MACON, FEBRUARY 15, .870.
The Central Railroad Case.
As the public will feel a great interest in the
action of the Supreme Court, on the purchase
of the Atlantic & Gulf Kailway stock by the
Central Railroad, we have copied to-day from
the Atlanta Constitution the opinion of Chief
Justice Brown concurring in that of Justice
McCay—and also the dissentient opinion of Mr.
Justice Warner. These will be found on the
first page.
On the last page will be found an original
poem and other miscellaneous matter.
Both Wrong.
A press telegram, to-day, undertakes to state
authoritatively from Gon. Grant that he is in
censed that either of two parties from Georgia,
in Washington, should represent him as taking
sides with them.
A New Cotton Gin.
Hr. O. W. Massey submits to our inspection
the model of a new cotton gin, for which he ha3
applied for a patent, as a gin equally adapted
to long and short staple cotton, because it can
cut the fibre of neither. The fibre of cotton,
on the common siw-gin, is cut or broken by
being drawn with extreme violence between
the close angular ribs by the sharp teeth of the
saws; by which both the saw cnts and the fibre
is broken to a greater or less degree. In Mas
sey’s new gin, the ribs stop just below the per
iphery of the saws, while just above, so as to
dear them, a steel plate slants down across the
Wide range of saws, so ns to clear the cotton of
the seed, as it were, against a straight edge,
and give the fibre the benefit of any horizontal
length of crevice it may call for. A narrow
crevice tbo whole width of the saws is left, and
not a fibre need be cat if the saws are correctly
made. A working gin of this pattern has op
erated with great success, and Mr. Massey
thinks he has got an idea which will supersede
all other gins.
[From the Atuierson C. IT., Intelligencer.]
Brinly Plow Triumphant.
At the South Carolina fair, which took placo
at Anderson C. H. in November, 1869, the Com
mittee on the Manufacture of Wood and Iron,
beg leave to report they had a large number of
plows exhibited to them and they were thorough
ly tested, and the result shows that the Brinly
Plow, both as to time, width of furrow, slice
and depth of plowing was better than any other
and they thereupon recommend that the premi-
nm be given to the Brinly Plow. The contest-
hag plows were the Brinly and Watt plows.
W. H. D. Gail Aim, Chairman.
The Chairman states farther, in a letter dated
February 2, 1870:
The Brinly plow was drawn by two horses that
had never drawn a plow before. The Watt
plow was a small plow drawn by two stout mules
accustomed to the plow. We made them cat
six furrows each, and we found that the Brinly
plow made more width and in less time, although
the Watt plow was but a one horse plow and
drawn by two stont mules. The Watt plow did
very good work, but it was evident to mo that
it was a mnch heavier draft plow than the Brinly
plow. W. H. D. Gailard.
Ford’s Dramatic Company.
Wo received the following yesterday:
Charleston, S. G., February Stb, 1870.
Editors Telegraph and Messenger : It is very
probable that, on the 21st of February, a first-
class Shakesperian Company (now here) will,
■with a very brilliant tragedian, (Mr. Warner,)
visit and appear for a week in Macon, produc
ing Hamlet, Richard, Othello, Romeo, Sbylock
and Macbeth.
I am snre it will be an event there, and ]
write to ask your kind aid in behalf of an en
ierprise that will be costly as well as a compar
ative novelty.
With mnch respect yours, J. T. Ford.
Come, and we have no doubt the lovers of
the Drama in Macon will do their best to make
yonr stay pleasant and profitable.—Editors.
The Atlanta Intelligencer.—We have read
with attention the reply of the Atlanta Intelli
gencer, which, we are sorry to say, contains no
serion3 effort at self-defence and exculpation.
The worst we wished for that paper, was a
triumphant self-vindication, and that our old
friends might be able to clear themselves of all
imputation save that of mere misjndgment.
But we donbt, from the tenor of their article of
the 10th, whether they desire to do so, and have
not become indifferent to the good opinion of
their old Democratic friends. Go your own
way, then, Mr. Intelligencer, we are sorry for
yon.
Activity in Southern Railroad Matters.—
The Washington Republican, of Tuesday, is
of opinion that tho business of the Southern
railroads is certainly on the increase. It says
the following is a list of the stock which has
passed through that city en route for its desti
nation daring the week: 2 engines and tenders
for tho Northern and Sonthem Alabama road,
1 engine and tender for the Nashville and
Chattanooga, 3 passenger cars for the Macon
and Brunswick, 2 cars for the M., L. and T., 1
engine and tender for tho Brunswick and Al
bany, 1 engine and tender for the Selma and
Gnlf, 1 engine and tender for the Mississippi
Central, and 1 engine and tender for the Geor
gia Air-Line.
The Cause or the Mild Winter.—The pres
ent winter has, so far, been tho mildest known
for a quarter of a century. A writer in a Can
adian newspaper acconnts for the extraordinari
ly mild weather by propounding a theory which
has at least the merit of originality. He says
that the remarkable tidal wave that swept onr
shore on the 5th of October last, and especially
the low lands of the Bay of Fnndy, submerging
all the marshes, dyked and nndyked, was caused
by an uprising of the bed of the sea a some
place not far distant, where it Is covered by the
Gnlf Stream. This, in turn, he maintains has
been caused by one of the many earthquakes
whose effects have been so frequent in low lati
tildes this antnmn. The immediate result of
the upheaval was to divert a vast volume of sea
water from its usual course, thns accounting for
the great tidal wave. If the Gulf Stream, or a
portion of it thns diverted, is found, as he
thinks it will be found, to bavo become perma
nently changed, and to be located nearer this
continent than heretofore, then this strange and
impreoedented modification of climate will be
aetisfsctorily accounted for, and may, perhaps,
be more or less continuous.
Alpebiobioria.—The Atlanta Intelligencer
prints the following as an advertisement:
Atlanta, Ga., Feb, 7, 1870.
T«r Vice-President Colfax, Washington, D.
O.—Sm: If we elect Senators before revising
tta barbarous Code of Georgia, and enacting a
mixed jury and militia bill, the Republicans are
defeated. A. Alpeora Bradley.
Atlanta, Feb. 9, 1870.
2b President Grant, Washington, D. C.:
Fleas* answer quickly, yes or no, should wa
vote for Senators before repealing the black
Code of Georgia ?
A. Alpeoba Bradley ani5 others.
Georgia Legislature:
your dispatch. He oan-
radieu,
President has received _
not advise you—prefer* that yon nse your own
diecretion. Horace Porter, Secretary.
A Bf political organisation called the pro-
' i party la (eexuing otoba In Norfolk.
What’s to be Done with Georgia
For the past few days onr private telegrams
from Washington have, to an extent, encour
aged the hope that some of the most mischievi-
oua designs of the destructives may be frus
trated. They bad got everything arranged in
Georgia to suit their ideas and purposes. By a
most arbitrary and strained construction of the
law, and enforcing it in the organization of the
Legislature by outside bullies and the dictum of
a military court, they had succeeded in purging
the Legislature so as to make it as pliant, sup
ple and subservient as could be desired. It is
practically little more than a public registry of
the private decrees of the Executive Chamber.
In this condition of affairs to make all secure
for the future, the Governor adjourns the Leg
islator for ten days, and with his kitchen cabi
net, takes the express train to Washington to
secure the Congressional endorsement. So soon
as he reaches the Federal city he interviews the
President and reports him in full harmony with
all these proceedings. He bntton-holes Sena
tors, and reports no difficulty at all. The spe
cials came to the New Era in Atlanta in a lovely
and promising shape. All is bright and there
is no darkness at all.
Bnt meanwhile the dissenting wing of the
Republicans, who were marked out as victims
to the new political reconstruction, and are
not willing to be killed, send on another delega
tion to Washington, and they interview and
buttonhole on their own account. They repor
the President as agreeing with them; and then
comes an authoritative press dispatch stating
that the President takes sides with neither, and
charging both parties with misrepresentation.
Then comes our private telegrams telling of
vexations and trials to the Bollock delegation
—how they get snubbed before the Senate Judi
ciary Committee—and lastly reporting a retreat
of tho Governor in disgust, leaving Gibson to
cover his rear. 'Then the press dispatches as
sure us that Hill and Miller are in Washington,
and intend to present their claims to a seat in
the Senate, and contest, if others are elected.
Meanwhile, the Governor is speeding his way
to Georgia, in all probability to gain sneh ad
vantage as may enure from prompt action by
his Legislature. He adjourned them in a spirit
of ostentations reverence to the decrees of Con
gress. It would not do to travel a step beyond
passing the amendment nntil ho had got the su
preme endorsement and command to “go on.”
Bnt the moment any donbt of that endorsement
arose, he probably determined to go on any
how and be represented in Washington at once
by contestants for the Senate elected by his
purged and reconstructed agency. To-morrow
the agency meets, and to-morrow the destruc
tives nominate their Senatorial candidates, and
will probably elect them with all speed.
Upon the decision of Congress rests the whole
qnestion of the ability of the destructives to
carry out their personal schemes. They aim
for complete control of the State for two years
from next November; for, by a logic we are un
able to comprehend, they assert and argue that
if this is established as the first legal organiza
tion of the Legislature, the members and all
State officers hold over for the foil term beyond
the day assigned by the State Constitution for
the second general election ; and thus, with a
full executive, legislative and official corps
purged to the point of complete subserviency to
the schemes of Gov. Bollock & Company, and
two years and six months ahead to rnn, one of
the most lively prospects will be opened that
ever was conceived, by a crowd bent on doing
themselves important service. It is perhaps too
much to expect that Congress will do anything
to interfere with this enchanting project.
Another Proof of “Democracy.'
The following dispatch appears in the Atlanta
Intelligencer of Thursday. It was sent by H.
C. Corson, a Yankee carpet-bagger, at present
plundering the treasury of Georgia as one of
Bullock’s secretaries. The public will see in it
another proof of the intense Democracy of the
Intelligencer. WeJ should think the proprietor
of that paper was not only in the last ditch, bnt
at the very bottom of it, of the fight he has been
making in the character of a better Democrat
than nine-tenths of the respectable men and
journals of Georgia. The Good Book tells us
there is a time for all.things. We submit the
time has come for tho Intelligencer to throw off
the last rag of its disguise, end stand forth in
its true colors:
Special Dispatch to the Atlanta Intelligencer.j
Washington, February 9.—Tho Bryant com
mittee were before tho Judiciary Committee to
day. The time was limited to ono hour, and
was all consumed by Bryant and Caldwell in a
long-winded repetition of the old song of objec.
tion to the*Legislatnro. Bryant denounced Gen.
Terry as having violated the laws of Congress.
The committee require Bryant and Caldwell to
iresent their views printed, and will meet on
I Saturday to hear any rejoinder that may be
made. Tho Republican members of Congress
are united, and expect the Legislature to elect
two Republican Senators next Tuesday.
H. C,
C.
The History we are Making.
Prom the Nashville Union and American.]
The Boston Advertiser closes a congratulatory
editorial on the ratification of the Fifteenth
Amendment with tho following paragraph:
“Thns one after another of the old questions
is passing away, and there will soon be nothing
left of them bnt tbo history, and the world's
wonder at the absorbing part they played in
their day and generation.”
If it is true that history is made for the warn
ing as well as the edification of mankind, it is
possible that onr contribution to the annals of
the world will do something more than excite
the “wonder” of posterity in the sense which
the Advertiser seeks to convey. Wonder there
will be, donbtless, bnt npt the wonder which
gives birth to admiration or applause. Look-
: ng back over the decade jnst ended, says the
St. Louis Republican, wo see that “the old
questions” have indeed been settled, for the
most part, in a manner which has done more
harm to the canse of free government than
though they had remained unadjusted forhatf
a century.
In destroying slavery and secession we have
violated the most sacred principles of the Con
stitution, overturned those barriers which once
sheltered the people from the advances of nn-
scrnpnlous authority, and ignored those prece
dents which wisdom and patriotism had estab
lished for onr guidance. We have plncked up
two weeds that grew in tho political garden
and planted in their stead a hundred others in
finitely more dangerous and deadly. The na
tional strnctnre was deficient, perhaps, in some
particulars, and because it was so we have
torn it down, uprooted the very foundations of
the edifice, and now, snrronnded by rains, are
powerless to rebuild. The world may “won
der,” but it wonders at onr supreme folly, onr
fanatical madness. The action of the Legisla
ture of Georgia, which the Advertiser declares
completes the ratification of the fifteenth
amendment, is a perfect and characteristic illus
tration of the kind of history we are making,
and how we have made it. To secure that action
on the part of Georgia, we have broken onr
solemn pledges, repudiated onr plighted word,
stripped a sovereign State of every right, and
consigned her to the tender mercies of military
power.
Distinctions of Color. — The Bridgeport
(Connecticut) Farmer says:
Not a great while ago, we published what that
abolitionist, Parker Pillsbury, said about negro
legislation in South Carolina. Bad as the story
was he did not tell a tithe of the revolting trutii.
For the last fiscal year the negro carpet-bag
City Council imposed upon poverty stricken
Charleston a tax of $635,000. And yet of that
enormous tax the idle negroes, and theiving car
pet-baggers who eomposed the City Council, al
together pay less then one hundred dollars.
And yet no niunnnr of complaint comes from
the patient anB enduring citizens of Charleston!
Prince Arthur was careful to see that the
>ress correspondents had tickets to the ball in
Washington, even when Senators failed to pro
cure them for lady friends.
Tbe Central Railroad et. al. vs. Steph
en Collins et. al. Bill for Injunction
from Bibb.
We published Thursday morning the opinion
of Mr. Justice McCay in this case, affirming the
decision of Jndge Cole. Below will be
found the opinion of Chief Justice Brown,
concurring in the opinion, and of Mr. Justice
Warner,dissenting from Jndge McCay’s opinion.
We qnote from the Constitution:
Beown, C. J., Concurring.—For the purpose
of laying, building and making a railroad com
munication from the city of Savannah to the
interior of the State, a company was incorpo
rated by the name and style of the Central
Railroad and Banking Company of Georgia,
with power to have, purchase, receive, possess,
enjoy, and retain to them and their sncces3ors,
lands, rents, tenements, hereditaments, goods,
chattels and effects, of whatever kind, nature
or quality the same may be, and the same to
sell, grant, demise, alien or dispose of. The
exclusive right to construct, keep up and nse a
railroad between the city of Savannah and the
city of Macon, together with banking privileges,
is granted to said company. Bnt this exclusive
right and the banking privileges are only given
for twenty-five years, “to be computed from the
time fixed by this act, for the completion of this
act—the act of HthDecember, 1835: Provided,
nevertheless, that the Central Railroad and
Banking Company of Georgia shall, after the
lapse of said twenty-five years, be and remain
incorporated and vested, as to their oicn tcorks,
with all the estates, rights, powers and privi
leges by this act granted and seenred. Eight
years is allowed by this act for the building and
completion of the road. It follows, therefore,
that the exclusive right to keep np a railroad
between the two cities and the banking privi
leges expired on the 14th day of December,
186S, after which time the company remains
incorporate, with the privileges and rights
granted by the charter as to their own works
only, and has no power to purchase or hold real
or personal estate beyond what is necessary to
keep np and maintain and successfully work a
railroad between said cities, and, as provided
in another part of the charter, to purchase and
hold snch real estate as shall have been bona
fide mortgaged to it as security, or conveyed to
it in satisfaction of debts previously contracted
in the course of its dealings, or purchased at
sales upon judgments which shall have been
obtained for such debts.
The Southwestern Railroad Company is char
tered “for the purpose of constructing a rail
road connection between the city of Macon and
the navigablo waters of the Gulf of Mexico
and it is declared that “they shall confine their
efforts and enterprise to the building” of this
road.
I hold that, under these charters, neither tho
Central Railroad and Ranking Company, nor
the Southwestern Railroad Company, has power
to purchase stock in any other railroad com
pany ; and as snch purchase is beyond the power
of either company and endangers its charter,
any stockholder of either company has the right
to file his bill in chancery to restrain and enjoin
any snch purchase at any time before it has
been fully consummated by tbe transfer of the
stock to the company, and the payment of the
consideration therefor, as against any vendor
having actual notice of tho provisions of the
company. <
And in this case, I hold that the city of Savan
nab, which was an original corporator in the
Central Railroad and Canal Company, had act
ual notice of the provisions of the charters of
each of the companies, and of the limits im
posed by their charters upon their right to pur
chase.
The amended charter of the Central Railroad
and Banking Company, section 3, provides that
books of subscription to the stock of said com
pany shall again be opened at snch time and
places as shall bo appointed by the Corporation
of Savannah, and shall remain open at each
place for tho space of two days; giving at least
thirty days notice in the gazettes of Savannah,
Macon and Milledgevillo. It appears, therefore,
that tho corporation of Savannah was the agent
appointed by the State to organize this compa
ny by opening the books of subscription for its
capital stock. And it also appears that by the
reports before ns, as a part of the papers in this
case, that His Honor, the Mayor of the city, was
a stockholder in tho company to a large amount
at the time of tho sale in qnestion. I think it
fair, therefore, to say that the city is chargable
with actual notice of the provisions of this char
ter, and of tho limitations which existed upon its
powers to make this pnrehase.
The city is also chargable with like Botice in
the case of the Southwestern Railroad Compa
ny, as she was a Stockholder in that Company,
and one share of its stock is included in the
sale. Indeed, I understand it to be a general
principle of law, that a railroad company, with,
ont express authority given by the Legislature,
to make the pnrehase, cannot purchase stock in
another railroad company. Angel and Ames on
Corp. 392. Redfieldvol. 1, page 143, note. 12
Beavan 339. A corporation is not permitted to
apply the funds of tho company to objects other
than those distinctly defined by its charter, or
by act of the Legislature, no matter bow bene
ficial the misapplication might be to the Com
pany or to individual Stockholders. 3 Eng.
L. & E. Reps. 150; 16 do. 182. 73 Eng.
Com. L. 73.
The same principle is fully recognized and
confirmed in the American cases. See 3
Woodbury A Minot 106, 24 Cown. 162 and 21
How. Reps. 442.
In tbe latter case the Supreme Court of tbo
United States unanimously held, that: When
two separate corporations were created to make
railroads, they had no right to nnite and con
duct their bnsiness under one management; nor
had they a right to establish a steamboat line to
rnn in connection with the railroads. And that
notes given for tbe pnrehase of the steamboat
cannot be recovered upon. This authority of
tho highest judicial tribunal in this country is
in point. H the railroad company has the power,
without express authority conferred in its char
ter, or by statute, to purchase a single share of
the capital stock of another railroad company,
it has tbe like power to purchase all the shares
of tho capital stock of the other company, and
take complete control of, and manage the affairs
of the company whose stock it has purchased in
connection with its own; which power is ex
pressly denied by this decision of the Supreme
Court.
I take it to bo a well established principle in
this court that the statutes made in favor of
corporations or particnlar persons in derogation
of common right are to be construed strictly;
and care should be taken not to extend them
beyond their express words, or their clear im
port 7 Ga., 321. In this case Warner, J., de
livering the opinion of the court, says: A cor
poration is an artificial thing, invisible, intan
gible, and existing only in contemplation of law.
Being the mere creature of law, it possesses
only those properties which the charter of its
creation confers upon it, either expressly, or as
incidental to its very existence.
In 5 Ga. 571, my learned associate lays down
the same rale ably and forcibly.
In 8 Ga., 30, Judge Lnmpkin lays down the
rule that care should be taken not to extend
snch statutes beyond their express words or their
clear imports.
In Cth Ga., 221, Nesbit, Judge, says: Grants
of exclusive privileges to a corporation or an
individual are to be strictly construed. Tbo
grantee takes nothing by implication, and tbe
role baa been settled to extend thns far, to-witj:
That any ambiguity in the terms of a contract
between an individual or corporation and tho
public, in which exclusive privileges are grant
ed, must operate in favor of the pnblio and
againBt the individual or the corporation.
I might extend quotations from the rulings of
this court of like import, bnt I deem it unne
cessary.
It will not be denied that the charter of the
Central Railroad and Banking Company is a
contract between the corporation and the pnb-
lie. And the authorities above quoted settle
the question that it can take nothing bylimpli-
cation ; that care should be taken not to extend
its powers beyond their express words or their
dear import: and that it has only snch powers
as the charter of its creation confers upon it,
either expressly, or as incidental to its very ex
istence. I refer only to the charter of the Cen
tral Railroad and Banking Company, because it
is admitted on all sides that its charter is more
favorable to the plaintiffs in error than the
charter of the Southwestern Railroad Company.
If the power to purchase does not exist in the
first named oompany, their oase most fail.
Now, it does seem to me that this cose, viewed
in the light of these well defined anthorities, is
not even doubtful. The powers given to this
company are expressly declared by its charter
to be for the purpose of laying, building and
making a railroad connection from the city of
Savannah, to the interior of the 8tato, and of
maintaining the same. And since the banking
powers and the exclusive right to have a rail
road between Savannah and Msoon have ex
pired by their own limitation, this is the only
purpose of the charter. Its whole scope and
extent, as it now exists, is to maintain and sne-
oesafnllj- work the railroad between said cities,;
and all the powers conferred by tbe charter are
to be construed striotly in reference to this ob
ject. ’ The company remains “incorporate and
vested, as to their own works," with the powers
specified in the charter, except as above stated,
and vested with those powers as to their own
works only. ,
By the act of 1852, the Centm railroad is au
thorized to lease all railroads running in connec
tion with it, or that may hereafter so inn. And
it was contended by the able counsel for the
plaintiffs in error that thiB confers upon the
Central road the power to lease the Atlantic and
Gnlf road, as a connection between them is au
thorized by the act of 1861. And it is insisted
that by this act the pnblio policy of the State is
declared in favor of the control of
of the Atlantio
and Gnlf road by the Central. Or at any rate,
that since the passage of the act of 1861, snch
control is not in violation of the pnblio policy
of the State.
There are two replies to this. The first is,
that this record does not'show that any such
connection has in fact been made, and it is not
a fact, it would seem, of which the court can
take judicial notice. The second is, that the
act of 1861 is not in force. That act is entitled
“an act to authorize the connection of the rail
road of the Savannah, Albany and Gnlf Rail
road Company, with the railroad of the Central
Railroad and Banking Company of Georgia, by
a track running through or around the city of
Savannah.” The preamble is in these words :
"Whereas, There exists an absolute military
necessity at this time to connect the aforesaid
roads. The body of the act then authorizes the
connection. Here nothing is left to inference.
The State was conducting war against tho gov
ernment of the United States, and it is declared
on the face of the act, what is the object and
only object of the connection. It was to meet
an absolute military necessity which existed at
that time.
The 11th article of the Constitution of this
State, ratified in 1868, adopts all acts passed by
any legislative body sitting in this State, as
snch, since 19th of January, 1861, including
Irwin’s Code, etc., except so mnch of said sev
eral statutes, Code and laws, as may bo incon
sistent with the supreme law herein recognized,
or may have been passed in aid of the late re
bellion against the United States, or may be ob
solete, or may refer to persons held in slavery,
which excepted laws are inoperative and void.
Argument is unnecessary. This act is not
adopted. On the contrary, the Constitution de
clares it to be inoperative and void. There is,
therefore, no act in force authorizing a connec
tion between said roads, or between the Central
Road and the Atlantio and Gulf Road, with
which I believe the'Savannah, Albany and Gnlf
has been consolidated. |
Again, I insist if the connection were legally
authorized, that it does not come within the
true intent or meaning of the act of 1852, au
thorizing the Central Road to lease all roads
running ig connection with that Road. The
Atlantio and Gnlf Road does not ran in connec
tion with the Central, in the sense of this act.
On tho contrary, it runs in opposition to it, as a
competitor for the freights and travel of a large
section of countiy; and runs in a different di
rection, and through an entirely different part
of the State. If the act of 1852 can be fairly
construed to embrace the Atlantic and Galf Road
whenever a track is authorized to be laid be
tween the two Roads, it embraces every other
railroad in Georgia, as they all connect in that
sense, and the Central Road has power to lease
every other road in the State, so soon as it has
the means; and it can, by a sufficient increase
of faro and freights, in sections where it has de
stroyed competion, soon possess itself of the
necessary amount of funds. Snch conld not
have been the intention of the Legislature in
the passage of this act. It follows that there
is no pnblio policy of the State recognizing the
right or power of the Central Road to lease, or
otherwise control tho Atlantio and Gulf Road.
But on tho contrary the public policy of this
State, as clearly shown by its legislation, is to
encourage fair and jnst competition between
the different railroad companies of the State,
and to discourage monopolies. The fact that
the State granted a charter to the Atlantio and
Gnlf Road, and subscribed to its capital stock,
thereby aiding in its construction, shows that it
was the policy of the State to open a thorough
fare across the Southern part of her territory
for the benefit of the people of that and the
Southwestern section; and for tho encourage
ment of fair and just competition with the roads
already in existence, thereby securing to her
people the transportation of their freights on
jnst and reasonable terms. t
This pnblio policy of the State is violated by
the purchase by the Central and Southwestern
Railroad Companies of snch quantity of the
stock of the Atlantic and Gnlf road as will en
able them, by the aid of other stockholders in
their interest, to control that road, and destroy
that just competition which the legislation of
the State and her subscription to tho stock of
tbe Atlantio and Gnlf road was intended to se
cure and perpetuate for the benefit of her peo
ple occupying a largo extent of her territory,
who would otherwise be left at the mercy of an
overshadowing coiporation, possessing the pow
er to load them with unjust burdens to accumu
late a large reserved fund beyond just and
liberal dividends to its stockholders, to bo used
in extending its control by other like purchases,
and making more complete its dominion over
the government and people of the State.
The State of Georgia haring been made a
party to this bill, and having appeared as such,
has the gight, as was insisted by her able and
eloquent counsel, Judge Locbrane; to object
to the consummation of this pnrehase by the
two railroad companies—plaintiffs in error—
which has been attempted in violation of both,
her pnblio policy, and their charter.
It was urged with great zeal by connssl for
plaintiffs in error, that a ruling against the right
of these companies to make this p irehase, would
be prodnetive of great mischief, as they have
endorsed the bonds of other railroad companies
to a large amount, to aid in the construction of
lines to run in connection with them; and that
snch a ruling as we now make would render the
endorsement void. Were that even so, it is no
sufficient reason why wo should not faithfully
administer the law os we find it. Bnt snch is
not my* understanding.
Those railroad bonds aro usually payable to
bearer, transferable on delivery like a promiso-
ry note, and are due at come distant day in the
futnro. They are, therefore presumed to bo
given for a valuable consideration. And it is
presumed, till the contrary is shown, that every
corporation, as well as evory natural person,
discharges its legal duties, and confines itself
within the scope of its legitimate powers. I am
of opinion that a bona fide purchaser of a bond
issned and end: rsed as aforesaid, wonld have a
legal right to compel tho corporation by which
it is endorsed to pay tho coupons as they be
came dne, and the face of the bonds at maturity.
The corporation wonld not be allowed in this
way to take advantage of its own wrong, to the
injury of a bona fide purchaser, who took the
bond without actual notice of tbo fact, that the
corporation transcended its authority. In tbe
case in 21st Howard, when tho consolidated
compantes were held not to be liable for the
notes given for tho steamboat purchased by them
in violation of their charters, it appears in the
statement of the case that the assignee of the
note, who brought the snit, took them with a
notice.
I am equally well satisfied that any stock
holder of the company wonld have a right to
file his bill to enjoin tbe endorsement of the
bonds of another company, when not authorized
by the charter, or that the State, after the un
authorized endorsement is made, might proceed
to forfeit the charter on account of its violation
by the company. But it the stockholder acqui
esces in the action of the company, till the
bonds have been endorsed by the officers of the
company, by authority of the Board of Direc
tors, and have gone into circulation, and are
in the hands of bona fide holders without actual
notice, he will not then be heard, and the com
pany will be estopped from denying the legality
of its own act, and will be held liable.
In conclusion, I will remark that the powers
and liabilities of a corporation are fixed by its
charter. Code, section 1,680. A corporation
can only pnrehase ani hold snch property, real
or personal, as is “necessary to the purpose of
its organization,” and it can only do snch acts
as are necessary for the legitimate exeention of
this purpose. Code, section 1,678. And a cor
poration forfeits its charter by a wilful violation
of any of the essential conditions on whioh it is
granted. Code, section 1,684.
In my opinion the purchase, whioh is the sub
ject matter of this investigation, is not within
the legitimate scope of the powers conferred
upon these corporations, and is not necessary
to the purpose of their organization. And as
the city of Savannah had actual notice of the
extent of their powers, under their respective
charters, the purchase being illegal and in vio^
la tion of their charters, she has no right to in
sist npon its consummation.
When the stock of a coiporation iB taken,
there is an implied contract between the corpo
ration and each stockholder, that the corpora
tion will not violate its oharter, and for any act
done by the corporation in violation of the
charter, the stockholder jna j call it' to account
_ ^ jAyl6T| 1
13 Eng. cond. chu reports, 131; 2 R. & M., 470;
4 John ch. 573; 1 Eng. railway cases, 153, 154.
And equity will interfere by injunction to re
strain the violation of a oharter, whether the
violation is by misapplication of the funds of
the corporation, or the exercise of nngranted
powers. Bedford’s railway oaseST92 and notea;
ibid, 474, 475 and notes; 1 L. Reg., 154; Edw.
on Inj., 338-9. I am, therefore, of the opinion
that the judgment of the court below, refusing
to dissolve the injunction, is right, and ought
to be affirmed.
Warner, J., dissenting.—When a bill was
filed by certain named stockholders in the
Southwestern Railroad Company, and as'stock-
holders in the Central Railroad and Banking
Company, and as stockholders in the Atlantic
and Gnlf Railroad Company, who sued in their
own right as snch stockholders and as citizens
of the State of Georgia, and as citizens of Ma
con, in behalf of the citizens of the State, and
in behalf of the citizens of Macom, praying an
injunction to restrain the sale of twelve thous
and three hundred and eighty-three shares of
the capital stock of the Atlantio and Gnlf Rail
road Company, owned and held by the city of
Savannah, in the Southwestern and Central
Railroad Companies:
Held, That individual stockholders in said
companies have the right to sue ip a Court
of equity, in behalf of themselves as snch
stockholders, for an alleged violation of the
charters of their respective companies; bnt
have not the right to sne as citizens in behalf
of the people oi the State, or in behalf of the
city of Macon, and that when the State is a
stockholder in a railroad corporation, and is
made a party to the snit, she occupies the
same position as any other private stockholder,
as to her rights and privileges in that snit.
When, by the amended charter of the Central
Railroad and Banking Company, it is declared
that the said company, by its corporate name,
“shall be and are hereby made capable and able
in law to have, pnrehase, receive, possess, en
joy and retain to them and their successors,
lands, rents, tenements, hereditaments, goods,
chattels and effects, of whatsoever kind,
nature or quality the same may be, and
the same to sell, grant, demise, alien,
or dispose of: Provided, that said incorporation
shall not purchase and hold more real estate
than may be necessary and proper, for the pur
pose of laying, building, and sustaining said
railroad, etc.: Held, that under the plenary
power granted by the charter of the Central
Railroad and Banking Company, to pnrehase
goods, chattels, and effects, of whatsoever kind,
nature, or quality the same may be, that said
company had the legal capacity to pnrehase from
the city of Savannah, the shares of stock in the
road mentioned, and enjoy the same; the city
of Savannah being the legal owner thereof, at
the time of snch pnrehase and sale; and al
though the Southwestern Railroad Company,
one of the joint purchasers of the stock, may
not have had the legal capacity under its char
ter to make snch purchase ; still, as the Central
Railroad and Banking Company did have the
legal capacity under its charter to make snch
pnrehase, the sale of the stock was a legal and
valid sale: Held further, that if the stock so
purchased was purchased for the purpose of
controlling the Atlantic and Gnlf Railroad as
charged in complainant’s bill (which is positively
denied by the defendant's answer) still it is diffi
cult to perceive in what manner that pnrehase
wonld contravene the general policy of the
State, in view of the previous legislation there
of in regard to the Central Railroad and Bank
ing Company. By an act passed in 1852, that
company is specially authorized to lease and
work, for snch time and on snch terms
as may be agreed on by the parties interested,
the Augusta and Waynesboro’ Railroad, the
Milledgeville and Gordon Railroad, the Eaton-
ton Branch Railroad, the Southwestern Rail
road, and snch other roads as may connect, or
may hereafter connect, with the Central Rail
road, and to collect, by snit or otherwise, the
fares of travel and the charges of transporta
tion on railroads so leased. The second section
of that act gives power and authority to the
Board of Directors of the general railroad com
panies whioh now connect, or may hereafter
connect with the Central Railroad, to lease tbe
same to the latter company. By an act passed
in 1861, the Central Railroad and Banking Com
pany are authorized to connect that road with the
Gulf Railroad, and therefore, under the authori
ty granted by the act of 1852, might lease tbe
same and obtain control of the road in that way,
which clearly demonstrates that it was not the
policy of tho State (as manifested by the two
acts last mentioned) to prevent or to prohibit
the Central Railroad and Banking Company
from having the control of the respective rail
roads which then connected with that road, or
thereafter mignt connect with it, on snch terms
as might be agreed on by the parties intrusted
in snch connecting railroads. The pnrehase of
tho shares of stock, mentioned in the record,
by the Central Railroad from the City of Sa
vannah, in the Atlantio and Gulf Railroad, (tho
same being less than a majority of tho stock,)
would not enable the Central Railroad to con
trol the Atlantio and Gnlf road near as effectu
ally as if it had leased it: and yet, it is not
against the declared policy of the State for the
Central Railroad to exercise control over the
Atlantio and Gnlf Railroad by leasing, and
working it and collecting tbe fares of travel and
the charges of transportation thereon, but is
entirely consistent therewith. After a careful
examination of the entire record in this case, I
have not been able to discover the injury which
the complaining stockholders have sustained,
or aro likely to sustain, in consequence of the
purchase of the stock in the Atlantic and Gnlf
Railroad by the Central Railroad and Banking
Company from the City of Savannah; they have
no right to complain in behalf of any other per
sons, either natural or artificial; their complaint
must bo confined to themselves as stockholders
in tho company, and to such other stockholders
thereof, as may choose to come in and be made
parties as such stockholders,and to no other per
sons, Considering their complaint, as stock
holders in tho particnlar roads named, as alleg
ed and set forth in the bill, and the answer of
the defendants thereto, lam of the opinion that
the injunction restraining the sale of the stock
by the city of Savannah to the Central Railroad
and Banking Company, should havo been dis
solved by the court below, on the grounds that
this last named company had the legal capacity
to pnrehase the stock under its charter, and that
the city of Savannah had the legal right as well as
the legal capacity to sell the same.
Lyon, DeGrafenried & Irwin, Jackson, Law-
ton & Bassenger, Hartridge & Chisolm, Harden
A Levy, Johnson A Montgomery, Locbrane, for
plaintiffs in Error.
Whittle & Gnstin, Nesbitt A Jackson, R.
Toombs, for defendants.
Tlio State Agricultural Society.
The State Agricultural Society met at the
City Hall yesterday morning. The following
gentlemen were in attendance:
Hon. B. C. Yancey, President; Hon. David
W. Lewis, Secretary*; Wm. Hazlehuret, Treas
urer.
Vice-Presidents—Jndge Wm. Schley, B. T.
Locket, J. A. h Lee, Col. H. D. Capers, CoL
Joel A. Billups, David Barrow, Rev. O. W.
Howard.
Dr. Chappel, J. B. Buobanan, Gen. A. H.
Colquitt, Col. James Fannin, Geo. S. Obear, E.
Steadman, L. F. Livingstone, Dr. James T.
Hamilton, John A. Montgomery, E. E. Rawson
and John H. Fitten.
The morning session was mainly devoted to
investigations concerning the late State Fair.
A committee was appointed, consisting of
Messrs. C. W. Howard, W. Schley and Geo. S.
Obear, to confer with the City Council in regard
to grounds for the next State Fair. Before ad
journment this committee made a report, which
was very favorable, thongh not entirely explicit.
At four o’clock the City Council provided con
veyances, and took the whole Executive Com
mittee ont to examine the Fair Ground. The
party returned jnst before dark, all highly pleas
ed with the result of the investigation.
At seven o’elook the Committee again met at
the City Hall, bnt the report of its deliberations
will have to be deferred until another issne.
Atlanta Era, lit A
Supreme Court Proceedings.
Atlanta, Thursday, February 10, 1870. '
Argument in No. 10, Flint Circuit, White vs.
Lee, complaint and new trial from Newton, was
resumed and concluded. Jndge John J. Floyd
for plaintiff in error, and Jndge D. F. Ham
mond for defendant in error.
No. 13, Flint Circuit, Camp, Trustee, vs.
Baker, scire facias to revive a dormant judg
ment, from Newton, was argued for plaintiff &
error by A. B. Simms, Esq., and for defendant
in error by W. W. Clark, Esq.
No. 14, Flint Circuit, Weaver vs. Ogletree, et
aL, Executors, Assumpsit from Newton, was
argued for plaintiff in error by Colonel W. W.
Clark, and for defendants in error by Messrs.
A. B. Simms and John J. Floyd.
Pending argument in No. 16, Flint Circuit,
the court udjoumed. ‘ 1 ‘
A Brace of Thrives Caught—Heavy Haul by
the Police.—We notioed briefly in yesterday morn
ing’s paper, tho stealing of a pair of mnles, a wagon
and two bales of cotton, from Mr. L R. Bason, on
Tuesday night last, and expressed the opinion that
the thieves had taken more bulk than they oould
successfully conceal for any length of time. And
sure enough, bnt rather sooner than we expected,
the theives have been canght and the stolen pro
perty recovered. It was in this way:
After Mr. Bason had notified the police officers of
the theft, Lieutenant Poster, Avant and Hurley
were dispatched out on the Houston road in the
afternoon to look for the rascals, and in stirring
about on Bassett's Hill, they found the mnles and
wagon and captured one of the thieves, who owned
np and told where the cotton was. On repairing to
the place designated—an old empty house of Dr.
Thomson in sandy bottom—the officers found the
two bags of cotton and the other thief, who had
cat the brands off one of tho bags to prevent iden
tification. So this little affair came to grief within
twenty-four hours after it originated, and thieves,
mnles, wagon and cotton were all safely deposited
yesterday at the guardhouse. The thieves are ne
groes and named respectively, Mack Childs and
Wash. Davis. They will have a preliminary exami
nation to-day.
But the foregoing is only the half of the result of
the raid of the three spirited and enterprising po
licemen above named. While in search of tho stolen
cotton, they struck the trail of another thief who
had been driving a lively business for some time
past, as the various articles enumerated below will
show. The thief was beseiged in an old honae in
sandy bottom, to which there was a front and a
back door, with windows at the side. So, while offi
cer Foster held the cotton thief that had jnst been
captured, Avant and Hurley took their positions at
the doors of the building—the ono at the front and
the other at the back door, and demanded a sur
render of tho black rascal inside. Seeing that he
wob in close quarters and determined to got out of
them at any risk, he seized his pistol and leaped
through ono of the windows and broke for the
woods. He was no sooner ont than officer Hurley
fired one Bhot at him, and as ho ran by Avant that
officer took four shots—firing as he followed after
the rascal. It is not known whether he was hit or
not, for he succeeded in making his escape with
nothing on bnt his shirt and drawers. This occurred
about 8 or 9 o’clock Wednesday night. After re
turning from tho chase the house was entered and
the following property recovered, which had evident
ly been stolen:
Two overcoats, four dress coats, two vests, three
pair pants, one lady’s fine marino skirt, one fine
white flannel child’s dress, ono pair gaiter shoes No,
10b, two linnen table cloths, one counterpane, one
bed quilt, one shirt and pillow case, a lot of new
pot ware, a case of carpenter’s tools, a lot of new
crockery and glass ware, two carving knives, and
ono small, handsomely bound bible, from which all
manuscript on the fly leaves, the family record and
other writing had been tom out or effaced, all
amounting in value to some three or four hundred
dollars. The goods are all in store at the guard
house.
The officers engaged in the foregoing affair are
ontitled to much credit for the skill, energy and
success with which they managed it. Wo are sure
Mr. Bason thinks so, for they certainly did him a
great favor and saved him from quite a heavy loss.
Receipts of Guano at Macon.—We learn from a
clerk in the Central Railroad office, that up to this
time no less than eight million pounds of guano
have been received and delivered into the hands of
dealers and consumers at Macon since the 15th day
of last November. Eight million pounds more have
passed over the road to other railways and gone into
the country—generally to Southwestern Georgia.
This total amount of sixteen million pounds does
not, of course, include that of local manufacture
and that coming from other points. Tho receipts
are now averaging 200,000 pounds per day, which
will continue without diminution nntil the 15th of
March, after which it will more or less fall off. There
aro now 500 car loads at Savannah to come forward,
all of which has already found a market, or at least
has a prospect of ready sale as fast as received.
The receipts are nearly, if not quite, double what
they were last season. The manufacturers of these
commercial manures will find difficulty in supplying
tho demand. The standard qualities—those known
from years of actual test—will fall short.
Here is food for reflection! Tho revolution in tho
system of planting cotton in Georgia is complete. A
firm conviction now prevails in the minds of ninety-
nine out of every hundred planters who make in
vestments in guanos, that it will pay an enormous per
cent.—not only in a large increase of crops, bnt also
in the additional value it gives to worn out or greatly
exhausted lands. In a judicious nse of the best fer
tilizers, the planter not only preserves the quality
of his soil, hut vastly increases Us prodnetive ca
pacity. And this is what is now wanted. Let the
planters of the South once deafly satisfy themselves
that ono acre of land, by proper cultivation and fer
tilization, can bo made to produce as mnch as three
or five acres cultivated on the old system, and they
will not be long in making the change. That it can
be done is no longer a question of donbt, but nearly
every planter will have to test this matter by expe
rience and whenever he does so the new system will
hav6 another convert.
Connell Proceeding*.
REGULAR MEETING. ,
Council Chamber, February 8,1870 i"
Present—His Honor, the Mayor; Aldermen Crod
ett, Ross, Grier, Westcott and Lightfoot. *
Absent—Aldermen Hattie and Sparks.
The minutes of the lost meeting were read »v
confirmed. **
Clerk of Market reported fees to date, §14.75
BILLS PASSED.
H. J. Peter (2), §19.70, §40.90; O. P. F^,
§87.00; J. H. Anderson A Son, §320.54; p j
Wright,§9.00;ClisbyABeid, §160.60: W. s!Cl’ M i 1
§185.00; J. W. Bq(ke A Co., §5.62; B. A. Wi«e
Co., §100.65; A. O. Bacon, §10.50; J.W.Blom
90c.; Bacon A Simmons, §100.00; B. C. Wm
§36.00; J. M. Boardman, §3.00* "
The following report and annual balance of ti
Clerk and Treasurer was read and adopted, and <
dered spread npon the minutes:
REPORT Of THE CLSBX AND TREASURER FOR THE y or J
QUARTER, ENDING DEC. 22, 1869. 1
Mayor and Aldermen City of Macon, in a-youi
Current with Chas. J. Williamson, Treasurer
—
~ M
y«5
To Milledgeville and Warrenton R. if. Co'~ ywj ■
To Macon and Augusta Railroad Bonds, r
(formerly known as Milledgeville and
Warrenton) — soodw
To Gas StocE, received dividend ?...., ; 5
To Wood S S |
To Incidental....- 2 |
To Annuity Bonds .. Z
To Gas Bill, Scrip, amount issued to sundry
persons.. - - —- j 5 ^
gjjji
1S69. Dec. 22. To balance to new account™.. $i,e f
To balance from last report.......
To City Pound
To Market
To Railroad Connections
To City Lots -
To Fin ;
To Tax
To Insurance Tax.,
To Tax on Sales,
To License
To Bills Payable.,
By City Pound..— — _...§ 5
By Salary 1,5 5
By Fire Department — _ 5 • 1
By City Tax - j I
By Rose Hill —..... . J 1 I
By New Change Bills, old issue, burned by
Finance Committee -
By New Change BUls, 1867, burned by Fi
nance Committee l,lg I
By Bond, paid Macon and B. R R. bonds.... 5( ti
By Wood ,jj
By Interest, paid coupons, interest on notei,
etc —— —. 11, !jj j
By Street — 2, !
By Hospital 2. >|
By Charity.. J ill'
By Police ... — —. 7, "i ‘
By Incidental — — 1. is ,
By Gas Bill Scrip, paid sundry persons 213
By Market ———— . —
By Guard-house— — _ lit
By Macon Free School — — i 6C
By Public Property — 13 '
By Discount on City Lots — 19 1
By Tax Remitted - Us '
By New Kngine-house —- 2 13
By Stock Maeon and Augusta R. R. Co™ for
merly known as Milledgeville and War
renton — - 50.1 I
By Gas Lights — L I
By City Lota— : •
Cosh and Cash Items to balance.— It Z
siw il
Macon, Ga., Feb. 5. li 1 f
This is to certify that we, the Finance Commi *1
have examined the above report of the tlerkii |
Treasurer for the Fourth Quarter, ending Dect: 9 ;
22. I860, and find the same correct, and acoomra d [
with the proper vouchers.
W.T. Lightfoot,)
Wm. H. Ross. >-Finance Comma!
Geo. B. Turpin.
GENERAL BALANCE, DSC. 22, 1369.
1863. Dee. 21. 1 ,
To Balance from 1863...—...— — Slflj 11
To Fine — 2.6a 5 ■
To Tax— m if
To License —...... — 19.651 L
To Tax on Sales.———.— 22.01;
To City Lots.. 16.fi' :
To Gas Stock, received dividend - 6ti i|
To Street Encroachments— 16
To Public Property —— MB
To Insurance Tax — — 2,61 ,
To Railroad Connections........—— 5,00
To Dogs ft
To Collateral Security —— - - lO.fttl
To Macon tnd Angusta R R. Ronds, lormer- I
ly known a3 Milledgeville and Warrenton. 59.6C1II
By Stock Macon and Brunswick R. R.Co 156.6a. 1
By Sto:k Macun and Angusta R. R.C>„
(formerly known as Milledgeville and
Warrenton)— - - —
To New City Bonds, 1867 3.9*J
To Annuity Bonds... ——— 19 Wl|
To Gas Bill Scrip ’to.
8370.992)
1869. Dec. 22. To balance bronght down
By Bridie—....— - —3 EJ®
By New Caange Bills, old issue, burned.—. lip
By Charity... - -
By Interest.................— 31.3“*
By Incidental
By Street
.....— dU 1
~lf
Solti
2619"
Z.35S ,
ri.922 i 1
13121
A Wretched Young Man.—By a nice little piece
of strategy we got the following yesterday: An
ardent, handsome and dashing young man, of this
city, epent three days and nights of tho past week
in filling up four pages of perfumed foolscap with
his gushing affections for a certain beautifnl young
lady in an adjoining county, and closed the elo
quent document with tho following passionate in
terrogation : “Shall I lire and love, or despair and
die ?”
Promptly, by return mail, ho received the follow
ing brief reply: “km afraid yon will havo to dio.
Bespoctfnlly," etc.
Tho young man has since been looking like Dick
Yates does every morning when he enters the U. S.
Senate—“as if he had been fighting Tom cats over
night and got tho worst of it.”
Sunday School Work.—Wo noticed a day or two
since tho meeting held in the First Baptist Church
lecture room, to consult about promoting the Sab
bath School canse in Macon, and we chronicled the
election of officers, etc. Tho meeting appointed a
Businesss Committee consisting of Bev. S. Boykin,
Rev. J. Blakely Smith and Mr. Link to consult and
prepare business for the next session of the Insti
tute. That committee, we learn, met yesterday,
and after consultation, advised the adoption of the
name “Macon Sunday School Teachers Institute,”
theobjectof which is to promote the Sabbath School
cause in Macon to greater usefulness and efficiency,
increase the zeal, activity and information of teach
ers and encourage a higher degree of culture and
training in the schools. Tho members, it is pro
posed, shall consist of all tha pastors, Sabbath
School teachers and officers in the city. The meet
ings to occur monthly and consist of interesting
lectures, essays, model lessons, blackboard exer
cises and discussions, interspersed withsinging. We
think this sort of normal school for our Sabbath
School teachers will be exceedingly advantageous
to the Sabbath School cause, and will increase the
intereet and enthusiasm of teachers and scholars.
We, therefore, hail the enterprise as an omen for
good in this community.
The first lecture, abont a month hence, is appoint
ed to be delivered by Bev. E. Warren, on the aub-
j^it of “Apathy in Sunday Schools: its cause and
cure,” to be followed by a general disenssion of tho
subject.'
Bibb Superior Court.—All the forenoon of yes
terday was occupied by this Court in taking the tes
timony in the case of the widow^Dabord. against the
Southwestern railroad, for damages to the amount
of §20,000. It will be remembered that her hnaband
was killed on the road abont two years ago, and
hence her suit for damages. After taking the evi
dence in the’ case, the Court adjourned till 10
o’clock Monday morning.
“Handwriting of God.”—Onr citizens may. do a
good deed by pnrchashlng a oopy of this extraordi
nary work. Mr. Boykin is selling it to raise money
with which to pay for a stove and an organ for the
Second Baptist Church. Believing, as we firmly do,
that churches and gospel preaching add to the pros
perity, good order and good name of e city, we
heartilv recommend the citizens to aid enterprises in
furtherance of religion and morality. This work is
highly recommended by all the pastors of onr city,
end is certainly ^orth the price asked for it. Mr.
Boykin is canvassing the city as agent for the work,
and the oommiaeion gets aids Ms cbuiOh. '"
By Fire Department
By Guard-house
Bj Gis Lights. — — —
By New Change Bills, 1867, burned——
By Pumps — ——.
By Macon Free School
By Discount on City Lots —
By Rose Hill— ——
By City Pound—. — ——•
By Near Engine-house
By CStySex”'——————
By Interest on Bonds, 1867 —...——.....
By Interest on Bonds endorsed by railroads.
By Interest on Annuity Bonds—
By Bills Payable —-
By Stock Macon and Augusta It. R. Co.,form-
crly known as Milledgoville and Warren- ,
By Macon and Brunswick Railroad Bonds..
By Collins a: Hardy Bonds
By Bills Receivable - —
By Stock r-avannah, Griffin and North Ala- I
bama Railroad Company..... — W-’iJij]
By Discount on Stock Macon and Brunswick
Railroad Company
I860. Dec. 22. By Cash
75 n
Sif
1,5T«
156 §
5611
24
2.9547]
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Macon, February 5,1S71 j
This is to certify that we bavo cxamino! the »M|
balanco for the yean 1869, ending Dec. 22, 18--. 13 j
find the same corre<4.
IV. T. Lightfoot,) „ ...
Wm. H. Ross, VFinancoCommittes. •
Geo. B. Turpin. ) ?
Tbe Committee on Street Encroachments re?23
in fgfo? of granting Mrs. Jane Rogers an enc:
neat of eight feet on Hawthorne sheet. AdopU-
BILLS REFERRED. ,
National Bank Note Company, Waxelbaum k 1
Grier A Masterson, J. H. Zeilin & Co., Carhs.':- J
Curd, W. jl. Mansfield, Smith, Westcott & Co^l
P. Finney, B. A. Wise. !
A communication from Messrs. Cliaby & B* |
was received and referred to the Finance C®i|
mittoo.
Tho Sexton of Rose Hill and Oak Kidge Ce» Kf 1
lies reported interments for the month of JacaCjL
as follows: White adults 3; children 11;
14—five of whom were non-residents,
adults S; children 4; total 12.
Petition of J. M. Boardman, President of
Gas Light Company, for an extension of their*
fronting on Sixth street, was referred to Comffl^
on Street Encroachments.
Communication of J. M. Boardman, President *
Macon Gas Light Company, in regard to obtaimcs*'
additional supply of waterfrom that which flows
the base of what is known as “Balaton’s Hill,” nsf
and adjacent to the Reservoir of the Macon
Factory, for the mutual benefit of the City and (
Company, was referred to Committee on Fire I
paitment.
Report of Sturgeon of Hospital was read.
Petition of J. J. Gresham & others, asking fo*‘‘J
sewer to be built through the alley commencing
the property of Mr. Gresham, on Cotton Avew'l
nearly opposite Engine-house No. 2,
through arid alley and across Second sL to the»
between the First Baptist Church and J. W.
A Co.’s book store, was referred to Commit
Streets. i
On motion, the settlement of the Mayor and ij
nance Committee made with Gen. Croxton was 11
proved by tbe Council.
On motion of Alderman Bose, the Mayor j
quested to appoint a Committeo of three to i
and report to Council the best disposition
made of the Armory property. Aldermen ”
Lightfoot and Crockett were appointed, andon®
tion, the Mayor was added to said Committee-
On motion Council adjourned, to meet thi*
two weeks at 7 m.
riTAH- J. WILLIAMSON, & G j
Horrid.—A dispateh of the 10th, to the
villa Banner, dated at Springfield, T<
Bays :
At abont five o’clock this evening, onr
wan thrown into great excitement,
the accidental shooting and killing of
H. Bibb, by her cousin, Thomas Hoeki
a lad of about fourteen. The boy is now
ing maniac. He ran np tbe street fro®
spot, screaming and tearing bis clothe*
his nereon. This la the most shocking c
renoe that has ever happened in onr tons*
Ter World quotes cadetships to West
from the Booth at two to four thousand »
and rising. Demand is improving.
osvs»\
Rra*